Chapter 3750-85 Variances to Political Subdivision

3750-85-01 Application for variance by political subdivision.

(A) Any political subdivision applying for a variance under division (C) of section 3750.11 of the Revised Code shall submit its application in writing to the local emergency planning committee of the district in which the political subdivision is located. The political subdivision shall include in its application:

(1) A certified copy of the ordinance, resolution, rule, or requirement which is the subject of the application for the variance;

(2) A signed statement from the political subdivision stating the basis for requesting the variance; and

(3) Documents, sworn statements and other materials which support and address each criteria listed in criterion listed in paragraphs (A) and (B) of rule 3750-85-02 of the Administrative Code.

(B) On or before the date that the political subdivision submits the variance application to the committee, the political subdivision shall mail by certified mail, return receipt requested, notice of the application and a summary of the reporting requirement to the owner or operator of each facility within the political subdivision that the political subdivision determines would be subject to the reporting requirement.

(C) At least seventy two hours prior to a scheduled meeting of the committee where an application for a variance is to be considered, a copy of the proposed agenda shall be provided by the committee to the political subdivision applying for the variance, and the facility that would be subject to the variance should it be granted. This proposed agenda shall provide the location, date, and time of the meeting.

(D) Any application for a variance that fails to provide sufficient information for the local emergency planning committee to make the findings required under rule 3750-85-02 of the Administrative Code shall be considered incomplete. A political subdivision that submits an incomplete application will be notified in writing of the nature of the deficiencies. No action will be taken on an incomplete application, until the deficiencies have been addressed.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) , 3750.11(C)
Prior Effective Dates: 9/1/95

3750-85-02 Criteria for granting a variance to a political subdivision.

(A) Before approving an application for a variance, the local emergency planning committee shall find by a preponderance of the scientific evidence based upon generally accepted scientific principles or laboratory tests that:

(1) The extremely hazardous substances, hazardous chemicals, or hazardous substances that would be subject to the reporting requirement pose a substantial risk of catastrophic injury to public health or safety or to the environment, or pose an extraordinary risk of injury to emergency response personnel responding to a release of the chemicals or substances, when the substances or chemicals are present at a facility in an amount equal to or exceeding the quantity for which reporting would be required under the reporting requirement for which the variance is sought; and

(2) The development and implementation of a local emergency response plan for releases of the substances or chemicals covered by the reporting requirement will reduce the risk of catastrophic injury to public health or safety or to the environment, or will reduce the extraordinary risk of injury to responding emergency response personnel, in the event of a release of the substances or chemicals; and

(3) The reporting requirement is necessary for the development of such a local emergency response plan.

(B) The local emergency planning committee shall consider all of the following factors in its determination of whether the substances or chemicals that would be subject to the reporting requirement pose a substantial risk of catastrophic injury to public health or safety or to the environment, or pose an extraordinary risk of injury to emergency response personnel responding to a release of the substance or chemical:

(1) The specific characteristics and degree and nature of the hazards posed by release of the extremely hazardous substances, hazardous chemicals, or hazardous substances;

(2) The proximity of the facilities that would be subject to the reporting requirement to residential areas, to areas where significantly large numbers of people are employed or otherwise congregate, and to environmental resources that are subject to injury;

(3) The quantities of extremely hazardous substances, hazardous chemicals, or hazardous substances that are routinely present at facilities that would be subject to the reporting requirement; and

(4) The frequency with which the extremely hazardous substances, hazardous chemicals, or hazardous substances are present at the facilities that would be subject to the reporting requirement in quantities for which reporting would be required thereunder.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) , 3750.11(C)
Prior Effective Dates: 9/1/95

3750-85-03 Decision by Local Emergency Planning Committee.

(A) If, in the opinion of the local emergency planning committee, the ordinance, resolution, rule or requirement of the political subdivision meets the criteria for issuance of a variance established in rule 3750-85-02 of the Administrative Code and does not conflict with any resolution, rule or requirement adopted by the local emergency planning committee, the committee shall, within 120 days of the date on which the complete application for a variance was received from a political subdivision, meet to pass a resolution approving the request for the issuance of the variance. The committee shall send a copy of its resolution, the political subdivision's variance application, and the ordinance, resolution, rule or requirement to the commission within sixty days of passage of the resolution approving issuance of the political subdivision's application.

(B) The local emergency planning committee shall not approve issuance of a variance unless at least sixty per cent of the voting members of the committee vote to approve it.

(C) The commission shall review the resolution, the political subdivision's variance application, and the ordinance, resolution, rule or requirement in accordance with Chapter 3750-80 of the Administrative Code.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) , 3750.11(C)
Prior Effective Dates: 9/1/95